The Bethlehem's Globe Publishing Co.

National Labor Relations Board - Board Decisions

Dec 24, 1947

75 N.L.R.B. 647 (N.L.R.B. 1947)

In the Matter of THE BETHLEHEM'S GLOBE PUBLISHING COMPANY, EM-
PLOYER and INTERNATIONAL PRINTING PRESSMEN & ASSISTANTS' UNION
OF NORTH AMERICA, ALLENTOWN PRESSMEN 'S UNION, LOCAL No. 376,
PETITIONER
Case No. 4-R,9692.-Decided December 24,1947
Messrs. H. P. McFadden and B. Ellis Service, of Bethlehem, Pa., for
the Employer.
Mr. William B. Carter, of Philadelphia, Pa., and Mr. Carl M.
Whetherhold, of Bethlehem, Pa., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Bethle-
hem, Pennsylvania, on August 12,1947, before Sidney Grossman, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER 1
The Bethlehems' Globe Publishing Company is a Pennsylvania cor-
poration engaged at Bethlehem, Pennsylvania, in publishing and issu-
ing a daily newspaper called "The Bethlehem Globe-Times." This
newspaper has a circulation of over 23,000 copies, 99 percent of which
is distributed within the State and the remainder outside the State.
In connection with the publication of the newspaper, the Employer
annually receives newsprint, paper, and ink valued in excess of $200,000
from points outside the State. The Employer utilizes and contributes
to the news services of the Associated Press and United Press; it also
receives and publishes national features, comic strips, and advertise-
I The name of the Employer appeals in the caption as amended at the hearing.
75 N. L. R. B., No. 76.
647
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
meats of nationally sold products. The Employer additionally pro-
duces and ships contract printing valued in excess of $200,000 annually
to points outside the State.
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.2
II. THE ORGANIZATION INVOLVED
The Petitioner 3 is a labor organization, claiming to represent em-
ployees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit composed of all pressroom and stereo-
type employees employed at the Employer's Bethlehem, Pennsylvania,
newspaper plant, including pressmen, helpers, and apprentices, but
excluding the superintendent, the assistant to the general manager in
charge of production, and any other supervisor. The Employer op-
poses the requested unit, on the ground that its employees should not
be split into separate units for bargaining purposes. However, the
Employer concedes that units similar to the requested unit have here-
tofore been found appropriate by the Board, and states that, in the
event the Board rejects its unit contention, it agrees with the specific
composition of the unit.
The Employer's plant consists of two adjoining buildings. One
building houses the editorial, advertising, business, and general em-
ployees. The other building, called the Mechanical Building, houses
the printing machinery and all the employees necessary to print the
Employer's daily newspaper : specifically, the composing department
employees, and the pressroom and stereotype employees.
The composing department prepares the editorial copy, advertising
matter, and miscellaneous items in such form that it may be passed on
2 Matter of Bethlehems ' Globe Publishing Company, 74 N L. R B 392, and cases cited
therein
3 The name of the Petitioner appears in the caption as amended at the hearing
THE BETHLEHEMS' GLOBE PUBLISHING COMPANY 649
to the press and stereotype department for printing. The latter de-
partment consisting of about eight employees, prepares matrices of
the pages on forms supplied by the composing room, stereotypes them,
and prints the newspaper. It appears that the same individuals do
both press and stereotype work. These employees, who have not
previously been represented by a labor organization, serve a 5-year
apprenticeship period,4 receive the established wage rate for journey-
men, and are not interchanged with employees from any other de-
partment in the Employer's plant.
Although the Employer contended at the hearing that its ' em-
ployees should not be split into separate units for bargaining purposes,
it offered no evidence in its behalf to support this position. We note
that the Board has, on two occasions, found separate departments of
the Employer's plant to be appropriate for the purposes of collective
bargaining .6 In view of the above facts, and inasmuch as the re-
quested unit constitutes a traditionally separate craft group,6 we-
are of the opinion that the employees involved may presently function
as a separate unit for the purposes of collective bargaining.
We therefore find that all pressroom and stereotype employees em-
ployed at the Employer's Bethlehem, Pennsylvania, newspaper plant,
including pressmen, helpers, and apprentices, but excluding the super-
intendent, the assistant to the general manager in charge of production,
any other supervisors,? and any guards or professional employees, as
defined in the Act, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the,
Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Bethlehems' Globe Pub-
lishing Company, Bethlehem, Pennsylvania, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Fourth Region, subject
to Sections 203.61 and 203.62, of National Labor Relations Board
4 Of the eight employees, three are still apprentices
' Matter of Bethlehem Globe Publishing Co , 47 N. L. R. B , 268, wherein a unit of com-
posing-room employees was found to he appropriate and Matter of Bethlehems' Globe
Publishing Company, 74 N L B B 392, wherein a combined unit of the Employer's adver-
tising department and business office was also iouud to be appropiiate
0 Matter of Lloyd Hollister, Inc, 68 N L B B 733 . Atatter of Gillette Safety Razor
Company, 65 N L R B 1286 Matter of 117 F hall Printing Company, 6; N L R B 5532;
Matter of R R Donnelly cf Sons Company, 59 N L It B 122
4 Included in the unit b} agreement of the parties is Lewis Hagadus, who previously was
designated as a working foreman, but who does not presenti3 exeicise supervisory authority.
1650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Rules and Regulations-Series 5, among the employees in the unit
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, but ex-
-eluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
International Printing Pressmen & Assistants' Union of North
America, Allentown Pressmen's Union, Local No. 376, for the pur-
poses of collective bargaining.